The Employees' Compensation Ordinance, Cap. 282

Content

According to the Ordinance, if an employee sustains an injury or dies as a result of an accident arising out of and in the course of his employment, his employer is in general liable to pay compensation under this Ordinance even if the employee might have committed acts of faults or negligence when the accident occurred.

The Ordinance applies to employees employed in Hong Kong by local employers injured while working outside Hong Kong. Besides, an accident to an employee resulting in injury or death is deemed to arise out of and in the course of his employment if it happens while the employee is travelling, for the purpose of and in connection with his employment by any means of transport permitted by his employer, between Hong Kong and any place outside Hong Kong or between any other such places outside Hong Kong.

Even if the employer is a person carrying on business outside Hong Kong, or a crew member is working on a foreign ship, the Ordinance still applies if the employers submit to the jurisdiction of the Courts of Hong Kong and the employees / crew members have been recruited or engaged in Hong Kong.

No difference basically, but employees injured outside Hong Kong should take note of the followings:

• Foreign compensation : compensation payable under the Ordinance to an employee shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury.
• Periodical Payments : the employer shall pay the injured employee, during the period of temporary incapacity, periodical payments at the rate of four-fifths of the difference between the employee’s monthly earnings at the time of the accident and his monthly earnings during the period of temporary incapacity. Temporary incapacity refers to a period of absence from duty certified to be necessary by a registered medical practitioner, a registered Chinese medicine practitioner, a registered dentist or an Employees’ Compensation Assessment Board is deemed to be a period of temporary incapacity. For employees receiving medical treatment outside Hong Kong, the temporary incapacity shall be determined by the Assessment Board. Paper Medical Clearance is inapplicable for such cases.
• Medical Expenses : an employer is also liable to pay the medical expenses for medical treatment given outside Hong Kong in respect of a work injury sustained by an employee outside Hong Kong and arising out of and in the course of that employee’s employment. The daily maximum amount is the same as that for injuries sustained in Hong Kong. The medical treatment shall be the treatment given by, or under the supervision of, a person who is allowed to practise medicine, surgery, dentistry, chiropractic, physiotherapy or occupational therapy in the place where such medical treatment is given. Where necessary, an employer or an employee may apply to the Commissioner for Labour for a certificate for determining the amount of medical expenses to be paid by the employer.
• Cost of Prostheses and Surgical Appliances : if an employee sustains a work injury outside Hong Kong in an accident arising out of and in the course of his employment, and submits himself to medical treatment by or under the supervision of a person who is allowed to practise medicine, surgery or dentistry in the place where such medical treatment is given, the employer shall, if the Prostheses and Surgical Appliances Board approves, be liable to pay for the cost of supplying and fitting the prosthesis or surgical appliance required, subject to a maximum amount, which is the same as that for injuries sustained in Hong Kong.

• The employer must notify the Commissioner for Labour of any work accident or prescribed occupational disease by Form 2, Form 2A or Form 2B, as the case may be. Work injury cases in general should be reported in 14 days’ time while the fatal cases in 7 days’ time;
• The employer should notify the insurer (not the insurance broker) as soon as possible, within the stipulated period and in the specified format (in writing or by specified form) required by the insurer;
• The employer should also keep a record of the periodical payments (i.e. payments for sick leaves for work injury) paid to the injured employee, the original copies of the Certificate of Compensation Assessment (Form 5) issued by the Labour Department and / or the Certificate of Assessment (Form 7) issued by the Employess’ Compensation Assessment Borad, medical certificates and receipts in respect of medical expenses properly; and submit the relevant documents to the insurer within the stipulated period and in the specified format required by the insurer for indemnifying the amount of compensation already paid to the injured employee;and
• On receiving any legal documents, including an order or a summons issued by the Court, the employer should notify his insurer the soonest possible or seek legal advice.

• Notify the employer/supervisor/human resources department of the work injury immediately regardless of whether it is serious or not, and submit to the employer originals of medical certificates and receipts for medical expenses in relation to medical consultation and follow-up treatment as soon as possible. Remember to keep copies.
• When receiving medical treatment outside Hong Kong, remember to state clearly to the attending medical staff the cause and course of the injury and keep all medical records, including attendance slips, appointment slips, referral letters, medical certificates, admission slips and medical reports etc. This will on one hand facilitate medical staff to make proper diagnosis and offer appropriate treatment, and on the other hand assist the process of medical clearance and assessment by Occupational Medicine Unit of the Labour Department and the Assessment Board respectively.
• If necessary, receive medical treatment from registered medical practitioner, registered Chinese medicine practitioner or registered dentist in Hong Kong, and provide the medical information to the Labour Department for follow up.